Tenancy Deposits Must be Deposited – Simples!

It
would appear that some landlords are still failing to adhere to the Regulations
regarding tenancy deposits and it is costing them dearly. In a recently
reported appeal decision where the landlord had failed to lodge the deposit of
£625 with a recognised scheme, the decision of the First Tier Tribunal was
upheld and the landlord was ordered to pay £1,875 to the tenant.

In
terms of the Tenancy Deposit Schemes (Scotland) Regulations 2011, landlords
must register the deposit, and provide the tenant with information regarding
the deposit, within 30 working days of the tenancy starting.

The information landlords
require to give a tenant is as follows:

the amount of the deposit and the date the landlord received
it

the date the deposit was paid into the scheme

the address to which the deposit relates

the landlord’s registration details

the name and contact details of the tenancy deposit scheme
used

the
conditions in which part or all of the deposit may be retained at the end of
the tenancy (these conditions also need to be in the tenancy agreement).

If a landlord
doesn’t register a deposit, then a tenant can apply to the First-Tier Tribunal
for Scotland Housing and Property Chamber and the landlord can be ordered to
pay the tenant up to three times the amount of the deposit.

'The Robertson Clan motto is Virtutis Gloria Merces = Glory is the reward of valour. Although I enjoy basking in the glory of a successful case, what is most important to me is making a difference for my clients, be it financial or personal.'